GEOGRAPHICAL INDICATIONS ACT (CHAPTER 26:06)

CHAPTER 26:06

GEOGRAPHICAL INDICATIONS ACT

Act 24/2001

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. When geographical indication regarded as misleading.
4. When geographical indication regarded as applied to product. PART II

TRADEMARKSOFFICE,OFFICERS AND REGISTER

5. Functions of Trade Marks Office, Controller, registrars and other officers.
7. Register of Geographical Indications.
8. Inspection of Register and right to obtain copies of entries therein. PART III

USE OF MISLEADING GEOGRAPHICAL INDICATIONS

9. Prohibitionagainst use of misleading geographical indications.
10. Institution of proceedings regarding use of misleading geographical indication.
11. Remedies available in proceedings regarding use of misleading geographical indication.
12. Defences available in proceedings regarding use of misleading geographical indication.
13. Presumptions where geographical indication is registered.
14. Anton Piller orders (orders without notice).
15. Remedy for groundless threats of proceedings regarding use of misleading geographical indication.

PART IV

REGISTRATION OF GEOGRAPHICAL INDICATIONS

16. Persons entitled to apply for registration.
17. Application for registration.
18. Publication of application and opposition thereto.
20. Effective date of registration.

PART V

CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION

21. Power of Registrar to authorise corrections.
22. Rectification of Register.
23. Cancellation of registration.

PART VI

POWERS OF REGISTRAR

24. Exercise of discretionary powers of Registrar.
25. Proceedings before Registrar.
26. Registrar may award costs.
27. Power of Registrar to fix time and place of sitting and to adjourn proceedings.
28. Power of Registrar to extend time-limits.

PART VII

APPEALS AND REFERENCES

29. Appeals from decisions of Registrar.
30. Time for appeals.
31. Powers of Tribunal on appeal.
32. References to Tribunal by Registrar.
33. Costs of Registrar.
34. Certification of validity of registration.

PART VIII

OFFENCES AND PENALTIES

35. Falsification of certain documents.
36. Deceiving or influencing Registrar or officer.
37. Witness giving false evidence before Registrar.

PART IX

EVIDENCE

38. Register to be evidence of entries therein.
39. Evidence of certain entries and documents.

PART X

GENERAL

40. Recognition of agents.
41. Lodging and authentication of documents.
42. Provisions as to fees.
43. Publication of matters in Journal.
45. Saving of right to use certain descriptions, names or trade marks.
46. Act not to be construed as limiting other laws preventing misuse of geographical indications.
47. Transitional provisions.

AN ACT to provide for the protection and registration of geographical indications and to provide for matters connected therewith or incidental thereto.

[Date of commencement : 1st March, 2002.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Geographical Indications Act [Chapter 26:06].

                       2    Interpretation

In this Act—

“area” includes a country, region locality or place;

“Controller” means the Controller of Patents, Trade Marks and Industrial Designs referred to in paragraph (a) of subsection (2) of section 3 of the Patents Act [Chapter 26:03];

“geographical indication” means an indication, however expressed, which identifies a product as originating in a particular area, where some quality, reputation or other characteristic of the product is essentially attributable to its geographical origin;

“Journal” means the Patent and Trade Marks Journal published in terms of section 95 of the Patents Act [Chapter 26:03];

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“misleading geographical indication” means a geographical indication that is misleading as described in section three;

“package” means anything in or by which a product is covered, contained or packed;

“product” means any natural or agricultural product or any product of handicraft or industry;

“Register” means the Register of Geographical Indications kept at the Trade Marks Office in terms of section seven;

“registered” means registered in the Register in terms of this Act;

“Registrar” means— (a) the Controller; or

• a registrar referred to in subsection (3) of section five; or
• an officer who is exercising a function which the Controller has directed, in terms of subsection

(4) of section five, should be exercised by that officer;

“sell” includes

• to offer, advertise, keep, possess, expose, consign or deliver for sale;
• to authorise, direct or allow a sale;
• to barter, exchange, supply or dispose of for any consideration, direct or indirect;

“Trade Marks Office” means the Trade Marks Office referred to in subsection (1) of section five;

“Tribunal” means the Intellectual Property Tribunal established by section 3 of the Intellectual Property Tribunal Act [Chapter 26:08].